Trustees of Methodist Episcopal Church of Franklin v. Equitable Surety Co.
Supreme Court of Pennsylvania
Appeal, No. 72, Oct. T., 1920, by defendant, from judgment of C. P. Venango Co., Jan. T., 1916, No. 14, on verdict for plaintiff in case of Trustees of Methodist Episcopal Church in Franklin Borough v. Equitable Surety Co. Assumpsit on bond of suretyship. Before Criswell, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $21,516.75. Defendant appealed.
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Appeal, No. 72, Oct. T., 1920, by defendant, from judgment of C. P. Venango Co., Jan. T., 1916, No. 14, on verdict for plaintiff in case of Trustees of Methodist Episcopal Church in Franklin Borough v. Equitable Surety Co. Assumpsit on bond of suretyship. Before Criswell, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $21,516.75. Defendant appealed. Errors assigned, were (1-9) various instructions and (10) refusal of judgment for defendant n. o. v., quoting the record.
1Opinion of the Court
Opinion by
Mr. Justice Schaffer,
In his opinion disposing of defendant’s motion for a new trial in this case, the learned judge of the court below said: “The reasons and objections urged are largely if not wholly technical and the course of the defendant throughout suggests, not a frank recognition of its duty and of its obligation under its bond for which it demanded and received a valuable consideration, but an in*414tention all the while to evade and escape liability if by closely drawn and fine legal distinctions it were possible to do so.” The attitude of the defendant, as thus portrayed by…
2Cases cited10 opinions
- Young v. American Bonding Co.Supreme Court of Pennsylvania · 1910
- Philadelphia v. Fidelity & Deposit Co.Supreme Court of Pennsylvania · 1911
- Brown v. Title Guaranty & Surety Co.Supreme Court of Pennsylvania · 1911
- Lancaster v. Knickerbocker Ice Co.Supreme Court of Pennsylvania · 1893
- Philadelphia v. RaySupreme Court of Pennsylvania · 1920
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Paxos v. Jarka CorporationSupreme Court of Pennsylvania · 1934
- Overholt Et Ux. v. Reliance Ins. Co.Supreme Court of Pennsylvania · 1935
- City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
- Frey v. U. T. Co. of PittsburghSupreme Court of Pennsylvania · 1935
- Smiler v. TollSupreme Court of Pennsylvania · 1953
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